Procedure of filing trademark in Singapore
PROCEDURE OF FILING TRADEMARK IN SINGAPORE
A registered trademark gives the owner of the mark the legal right to use and exploit the mark in the jurisdiction where it is registered, as well as specific advantages and priorities when registering the mark in other jurisdictions.
Types of trademarks that can be registered
It is possible to register any design, stylized logo, slogans or catchphrases, wordmarks or character marks, and series marks.
Among the primary benefits are the following:
- The exclusive right to use the imprint.
- Preventing others from copying it.
- Taking advantage of the imprint’s rising market value.
- Quality assurance for your customers.
- Imprint acknowledgment as a means of marking.
- Permit for outsiders to use the property for business purposes, resulting in a steady stream of cash.
- Duty savings of up to 400 percent from the Singapore government under the Productivity and Innovation Credit Scheme to help offset the costs of registering your trademark.
Singapore is a fantastic location for enlisting brand names. Making an atmosphere for the creation and protection of Intellectual Property (IP) through good recommendations is one of the steps Singapore experts have done to create a business-friendly climate. The Singapore Trade Marks Act of 1998, as amended in 2007, and the Singapore Trade Marks Rules of 1998exemplify the legal basis for the Singapore brand name policy. These rules combined IP “customary law,” in which brand name assurance is obtained by enlistment. They also have an impact on select global shows on licensed innovation. The law covers the requirements for brand name enlistment, the reasons for refusal, the enrollment system itself, the term and recharging cycle of enlisted brand names, the rights and remedies of brand name proprietors, authorizing of imprints, brand name-related offences, worldwide imprint enrollment, and other topics.
Steps of registering a trademark in Singapore:
To be registrable in Singapore, a brand name must be an unmistakable and graphically representable sign capable of distinguishing the owner’s merchandise or services from those of others, such as words, abbreviations, letters, numbers, gadgets, tones, mixes, or shades of tones, sounds, marks, names, tickets, three-dimensional structures, the three-dimensional type of a decent or its bundling, and any combination of these credits.
In order to apply for a brand name in Singapore, you must first fill out a framework known as Form TM4. After that, you must submit this structure to the IPOS (Intellectual Property Office of Singapore), together with any applicable fees. You should also keep in mind a place for administration in Singapore.
If you don’t have an office in Singapore, you’ll need to figure out where you want your firm to be found. As a result, the application will be able to progress appropriately. Furthermore, when applying for a trademark, you have a variety of options. You can request separate applications indifferent classes for a similar brand name or record multi-class apps on a single application.
The Intellectual Property Office of Singapore (IPOS) is in charge of registering trademarks. Enrollment usually takes between 8 and 12 months, excluding planning time. You can hire an exchange mark expert to assist you, or you can do it yourself by following the steps below.
Step 1. Initial trademark search and enquiry:
Prior to submitting an application to register a brand name, you (or your representative) should search the Registry of Trademarks’ database for current imprints. This is to ensure that there is no previous brand name that is indistinguishable or similar to the one you intend to petition for enlistment, particularly in your business’s zone. The search might be directed to the IP2SG stage, which is a Singapore-based integrated e-administrations portal for recording IP applications and related communications.
Because we need to design a distinctive brand to get it registered, the following trademarks should be avoided:
- Denote the kind, quality, quantity, intended purpose, value, the time of production of goods or of rendering of services.
- Misleading or a mark which is confusing to the consumers.
- A mark which consists of surnames of the person or the owner of the mark or the geographical names should be avoided.
Following that, you must create a graphical depiction of a brand name. You can either draw or type it in any image editing programme, or hire a designer for more complicated work. The image should be large enough to show all details but not larger than A4 print size.
Make a point to use your brand name’s intricacies in your application. If you need to enlist it inexplicit tones, for example, supply a picture in shade. If a brand name has a complex shape, it can be seen from a variety of angles on a three-dimensional object. Show it to the recorder if it isn’t simply the shape that is important, but also the location on an item. On the pockets of a pair of jeans, for example, there is a mark and an opulent join line. If you want to register a sound imprint, you will need both melodic documentation and a sound recording.
[After that, slide it to search]
[Place any name or description of your mark, whether it’s a word in mark, an image that represents your mark, or any other character you want to register for]
Step 2: Identification of Applicable Class of Goods/Services:
Singapore classifies trademarks according to the Nice Agreement’s International Classification of Goods and Services. There are 34 different types of goods and 11 different types of services. When choosing on the proper classes, you should examine not only the current business you’re in, but also any business you’re planning to enter in the near future.
*[Choose an appropriate class for your grade]
(Anyone can conduct a trademark search.) It is not required that only a trademark attorney perform this task. To log into your account and continue the registration process, you must be a Singapore trademark attorney.)
Step 3: Filing of the application:
The applicant can either use web-based documentation on the IP2SG stage or paper accommodation to record the application structure for brand name enrolment. The individual should organise the material that comes with it in the proper format.
The following are the minimum filing requirements:
- Applicant name and address.
- A complete list of goods and services that you are registering in relation with your mark.
- A declaration of your specimen uses of the mark.
- A statement by you requesting to get the mark registered.
- The prescribed documentary evidence of the fee paid.
- A clear graphical representation of the mark.
Step 4: Reviewing the application, by Intellectual property office of Singapore(IPOS):
IPOS will audit the brand name application once it has been received to ensure that it complies with the basic documenting requirements.
When the basic documenting requirements are completed, a recording date is agreed upon, and a Trademark number is assigned. The Acknowledgment Letter is used to send this information.
If at least one of the basic documentation requirements is not completed, a Deficiency Letter will be sent out, with a deadline of two months from the date of the letter. This sequence of events cannot be continued.
If the candidate does not repair the shortcomings in a timely manner, IPOS will send the candidate a letter stating that the application is Deemed Never to Have Been Made. In addition, the examiner will ensure that the mark does not fall in locations where it is not permitted by law .If the examiner has any objections to the mark, the applicant will be notified and given opportunity to react.
Step 5: Examine if there are other existing trademarks available:
After the preceding procedure is completed, the enlistment centre will conduct a standard search for clashing imprints, geographical names, and conformance to the global classification of goods and ventures. In the case of pharmaceuticals, the Registry of Trademarks will also need to see if the imprint contains a protected International Non-Proprietary Name (INN). The INNs are standard names for specific drug compounds devised by the World Health Organization.
The application will be examined to determine whether or not the imprint is registrable under Singapore Trademark Laws.
If the requirements are not met, IPOS will issue a letter stating the reasons for the refusals/necessities. Within four months of receiving the IPOS letter, the response must be provided. If further time is needed to respond to the IPOS letter, a request for an extension of time should be submitted before the timeframe expires. If no response or request for an extension of time is received within the stated time frame, the Trademark will be considered withdrawn.
Step 6: Publication:
The publication phase is included in the trademark registration process so that anyone who objects to the trademark registration can do so. The application will be published and made available to the public after the aforementioned stage is completed successfully. Any interested party will have two months after the publication period to object to the mark’s registration. In the event that the office gets objection from another party, the applicant shall be notified.
Step 7: Registration Certificate:
Once the application is approved, a trademark registration certificate with the trademark office’s seal is issued. The Trademark would be granted ten years of protection and a Certificate of Registration would be provided.
What is the duration of a Singapore trademark registration?
A trademark registration is valid for ten years from the date of application. It can be renewed indefinitely for a period of ten years by paying the renewal price.
How much does it cost to register a trademark in Singapore?
The actual cost will vary based on the nature of the trademark you are attempting to register. The cost of documenting an online application with classes whose items are picked from a pre-approved data set is S$240 per brand name per class. This will cost S$341 per brand name per class for applications containing things that have not been determined from a pre-affirmed information base.
The cost of physically recording the application is S$374 per brand name each class. If you decide to seek competent legal advice or alter your application in the not-too-distant future, you will incur additional costs. You must submit Form TM27 to make changes. The revision fee is S$40 per class. All prices are expressed in Singapore dollars
What are the absolute grounds for denying a trademark registration in Singapore?
A trademark will be denied registration under the Trademark Act if:
- It’s anything but a sign that can be addressed graphically.
- It comprises only of a shape which results from the idea of the merchandise, or which is important to get a specialized outcome, or which gives significant incentive to the products.
- It is tricky.
- It is in opposition to public approach or to acknowledged standards of profound quality.
- It is an exceptionally secured seal.
- The application is being made in dishonesty.
- The utilization of the imprint is denied by a standard of law.
Furthermore, if any of the subsequent rules apply, and it has not acquired distinctiveness via usein the commercial area, it will be unable to:
- It lacks character.
- It consists solely of signs or signs that may designate the type, quality, quantity, or other aspects of the products or services.
- It consists solely of signs or signs that have become customary in today’s language or in trading practises.
In Singapore, how do you renew a trademark?
You can apply to renew your trade mark online through ip2.sg and Form TM19 for a fee ofS$250 per class every ten years.
Overseas Trademark Registration
To register a trade mark outside of Singapore, you can either:
- approach each country’s trade mark office individually; or
- file a trade mark application under the Madrid Protocol utilizing your Singapore trade mark registration.
The Madrid Protocol option is easier and more cost-effective because you may register your trade mark in multiple countries at the same time with a single application. Read our post on registering trademarks worldwide using the Madrid Protocol for more information on how to do so.
How Do You Give Other People Permission to Use Your Trademark?
When you wish to advertise your trade mark but don’t have the resources to do so yourself, you can grant others (the “licensee”) a license to use it. It may also come in handy when parties form distributorship agreements and agree to use one other’s trademarks.
A licensing agreement, like any other contract, is used to grant a license to a licensee. The owner may choose to offer the licensee an exclusive license, meaning that the trade mark can only be used by the licensee and no one else (besides the owner). Typically, the exclusive license is restricted to a single country. The owner also has the option of granting a non-exclusive license, which permits him to grant multiple licenses to as many licensees as he likes. The royalty’s payable to the owner is also specified in the license. Typically, royalty-free licenses to use each other’s trademarks are granted under partnership agreements. The owner may also choose to restrict the licensee’s usage of the license to a certain purpose. The owner can also grant a non-transferable license, which precludes the licensee from engaging into additional agreements to sub-license the license to a third party.
There are many additional conditions that are specific to a licensing agreement, so if you want to construct one, you need consult an expert intellectual property lawyer.
You can also use Form CM6 to register a record of your license agreement with IPOS on ip2.sg for S$60 per trade mark. This registration is helpful since it provides constructive knowledge of a licensing agreement to any possible infringers. This means that if the licensee decides to pursue legal action against these infringers, they will not be able to claim that they were unaware of the licensing agreement.